Dynadot

Recently aquired domain, slightly concerned about copyright

Labeled as discuss in Legal Discussion started by MrMDMF, Oct 13, 2018.

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  1. MrMDMF

    MrMDMF Established Member

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    Long story short, recently registered skyhighsecurity.com
    Thought nothing of it, decided to do some research.
    Discovered McAfee has released McAfee Skyhigh Security Cloud™

    Thoughts?
     
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  2. MrMDMF

    MrMDMF Established Member

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    I've checked UPSTO & gov.uk/search-for-trademark. No results

    Any advice? :xf.confused:
     
  3. MrMDMF

    MrMDMF Established Member

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    Psst... Guys?

    Could use some veteran insight before McAfee sends men in suits to my house and I'm never seen or heard from again :ninja:
     
  4. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    That's because you are looking for the wrong thing. "No results" for what? What you search for matters.

    McAfee didn't simply release a product by this name. They bought the company that had previously been making that product:

    Word Mark SKYHIGH
    Goods and Services
    IC 042. US 100 101. G & S: Computer services, namely, software as a service (SaaS) computer network services featuring software, namely, computer software for providing security for cloud computing services, with functions consisting of data security, information protection, data loss prevention, data authentication, management of security policies, monitoring cloud services usage, controlling employee access, controlling user access, monitoring and auditing cloud services, governance and auditing of public and private IT cloud services, and monitoring the security of remote computers and mobile electronic devices; SaaS services featuring computer encryption software to enable secure transmission of digital information and data; SaaS services featuring computer software to integrate managed security services, with existing communications networks, software and services; SaaS services featuring computer software for data communications applications, and for the encryption and authentication of digital information and data; SaaS services featuring computer software for authentication and identity management information security. FIRST USE: 20130430. FIRST USE IN COMMERCE: 20130430
    Registration Number 4764943
    International Registration Number 1171774
    Registration Date June 30, 2015
    Owner (REGISTRANT) Skyhigh Networks, Inc. CORPORATION DELAWARE Suite 400 900 E. Hamilton Ave. Campbell CALIFORNIA 95008
    Attorney of Record Katherine M. Basile & Jason E. Garcia
    Type of Mark SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE

    Apparently funding for the acquisition involved Morgan Stanley, who took a security interest in the "SKYHIGH" mark for computer security services, etc..

    But this is Exhibit A for "why I don't believe people when they say they've 'checked the USPTO database'". Quite obviously, there is at least one registered mark for SKYHIGH in the field of computer security.
     
  5. MrMDMF

    MrMDMF Established Member

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    Thank you for taking the time out to check more thoroughly than I could.
    I feel quite embarrassed as I searched around for copyright checking tools & found this EXACT trademark using Trademarkia :oops::xf.laugh:

    Until I learn to use USPTO, I will be using this tool from now on as it is easier for me to use.
    Again, your help is greatly appreciated. Thanks John! :xf.grin:

    -M
     
  6. MapleDots

    MapleDots Domain Properties 2010 - 2018 VIP

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    If anything McAfee should drop the name of that moron and maybe use SkyHigh as their trademark. Every time McAfee opens his mouth he embarasses his previous company.

    SkyHighSecurity is a 3 word domain anyways and chances of realizing a sizeable profit were slim to begin with. Add to that the fact that the trademark for security software is already out there then you have something that should be put up for sale to the highest bidder and unloaded.

    I still don't understand why people are registering 3 word domains, you have to own thousands of them to ever get a sale where if you take the cost of registering thousands and were to buy just a few good two word domains you would probably have a better portfolio.
     
  7. MrMDMF

    MrMDMF Established Member

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    I've already refunded it. Someone else scooped it up 10 minutes later :ROFL:
    Maybe I should have held it but c'est la vie, hindsight & all that. Less drama for me anyway.

    Even though I see value in specific 3W domains & technically sky-high is an adverb :xf.wink:...
    I still appreciate your input as I scale this mountainous learning curve.

    Thank you
    -M
     
  8. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    Well, from all accounts, he usually is. So, there's that.
     
  9. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    "Trademark" and "copyright" are two different things.

    A trademark is a word or symbol which serves as an indicator of the source or origin of goods in the marketplace, and distinguishes those goods and services from those of competitors in the relevant market.

    A copyright is the exclusive right to copy, perform, make derivative works, etc., of an original work of authorship.
     
  10. MrMDMF

    MrMDMF Established Member

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    Thank you for coming back and clearing up the definitions in such detail. (y) Topman!
     
  11. xynames

    xynames XYNames.com PRO VIP

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    Depending on what the domain is used for the domain might infringe on the registered mark Skyhigh that JBerryHill found.

    However that’s only part of the potential issue. That “TM” means common law trademark which - without getting into a trademark lesson - has all the validity of a registered trademark (“R”) but without enforcement rights. A common law TM often predates a filing, and may serve as notice of first use in commerce. In other words - it’s quite possible that that entire phrase “Skyhigh Security Cloud” will also become a registered TM of McAfee’s with a claimed date of first use being when they first used it in commerce with that TM tagged on there.

    A lot of people including attorneys don’t really understand the ramifications of the fact that trademark validity dates from first use not first filing. Even if they know this, they still miss the mark sometimes with thinking that “all there is to the equation” is looking for registered marks.

    If you really want the lowdown on trademark infringement possibilities hire an attorney who is an expert in IP law. I’ve handled IP law for many years.
     
    Last edited: Oct 21, 2018
  12. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    Is it common in the jurisdiction where you are licensed for attorneys to advertise their services under a pseudonym?
     
  13. xynames

    xynames XYNames.com PRO VIP

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    So you must think NamePros members are hiring attorneys do you? If someone wants to hire me he may contact me and we’ll go from there.

    Otherwise unfortunately (or maybe fortunately) I don’t have time to spend hours a week dispensing free legal advice. I might comment here and there if I see something posted that is incorrect.
     
    Last edited: Oct 22, 2018

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